Can an LPA Be Created for Someone Else?
Only the donor can create their LPA — but there are ways you can help, and alternatives if they lack capacity.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
This is one of the most common questions we hear: "Can I just set up an LPA for my mum?" The short answer is no. The person the LPA is for — known as the donor — must create it themselves, and they must have the mental capacity to understand what they are doing. You can, however, help them through the process, and if they have already lost capacity, there are alternative legal routes available.
At a glance
- No — you cannot create an LPA on behalf of someone else; only the donor can make it themselves
- You can help them by filling in forms, gathering information, and coordinating the signing process
- Someone with early-stage dementia may still have the mental capacity to create a valid LPA
- If the person has already lost capacity, the only alternative is applying to the Court of Protection for deputyship
Why Only the Donor Can Create an LPA
An LPA is a voluntary decision by the donor to grant someone else the authority to make decisions on their behalf. The Mental Capacity Act 2005 requires that the donor:
- Understands what an LPA is and what powers it gives
- Understands who they are appointing and the consequences
- Is not being forced or pressured into creating the LPA
- Has the mental capacity to make this decision at the time they create and sign the LPA
These safeguards exist to prevent abuse. If someone else could create an LPA on your behalf without your knowledge or genuine consent, the system would be open to exploitation. The certificate provider plays a key role here — they must independently confirm that the donor understands the LPA and is not being coerced.
How You Can Help Someone Create Their LPA
While you cannot create an LPA for someone else, there is nothing wrong with helping them through the process. Many LPAs are completed with the assistance of family members, friends, or carers. You can:
- Explain the process – Help them understand what an LPA is, why it is important, and what choices they need to make.
- Fill in the forms – You can physically complete the forms or type in the answers on their behalf, as long as the donor is directing the process and making the decisions.
- Gather information – Collect the names, addresses, and dates of birth of attorneys, replacement attorneys, and the certificate provider.
- Arrange signing – Help coordinate the signing appointments with the certificate provider, attorneys, and witnesses.
- Submit the forms – Post the completed and signed forms to the OPG on their behalf.
Key point: Helping someone fill in their LPA forms is perfectly fine. The crucial requirement is that the donor themselves is making the decisions and understands what they are agreeing to. The donor must sign the LPA personally (or direct someone to sign on their behalf if they are physically unable to sign).
What If the Person Lacks Mental Capacity?
If a person has already lost the mental capacity to understand and create an LPA, it is too late to make one. This is one of the most important reasons why creating an LPA early — while you are well — is so strongly recommended.
However, if your loved one lacks capacity and you need legal authority to make decisions for them, there are alternatives:
Court of Protection Deputyship
You can apply to the Court of Protection to be appointed as a deputy for the person who lacks capacity. A deputy has similar powers to an attorney but is appointed by the court rather than by the individual. The process is significantly more expensive, time-consuming, and bureaucratic than creating an LPA. Court fees start at £371 for the application, and there are ongoing annual supervision fees. Deputies must also report to the OPG regularly.
For more information on this alternative, see our guide on what the Court of Protection is.
Capacity Is Not All or Nothing
Mental capacity is decision-specific and time-specific — a point that catches many families by surprise. A person with early-stage dementia, for example, may still have sufficient capacity to create an LPA if they can understand the key concepts at the time of signing.
The Mental Capacity Act presumes that a person has capacity unless it is established otherwise. If there are concerns, a medical professional can carry out a capacity assessment. If the person is found to have capacity — even if it is fluctuating — they can proceed with creating their LPA. The certificate provider should ideally be a medical professional or solicitor in these circumstances, as their confirmation carries additional weight.
For more on LPAs and dementia, see our guide on creating an LPA for someone with dementia.
When Is It Too Late?
It is too late to create an LPA when the person can no longer understand what an LPA is, what powers it gives, who they are appointing, and the consequences of their decision. At that point, the only option is to apply to the Court of Protection for a deputyship order.
This is why LPAs should be created while you are still well and have full capacity. It is not something to put off until it becomes urgent, because by then it may be too late.
For more on timing, see our guide on when it is too late to make an LPA.
What About Physical Disability?
If a person has mental capacity but is physically unable to sign the LPA — for example, due to a condition that affects their hands — they can direct another person to sign the document on their behalf. This must be done in the donor's presence and in the presence of two witnesses. The form includes a specific section for this arrangement.
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Key Takeaways
- The donor must create the LPA themselves — the Mental Capacity Act 2005 requires the donor to understand and consent to the LPA at the time of signing
- Helping is allowed and encouraged — you can fill in forms, gather information, and coordinate signing, as long as the donor is directing the decisions
- Capacity is decision-specific — a diagnosis of dementia does not automatically prevent someone from making a valid LPA if they still understand the key concepts
- Deputyship is the only alternative — if capacity has been lost, applying to the Court of Protection costs £371 in court fees plus £1,000–£3,000+ in solicitor fees, with ongoing annual charges
Top Questions About Creating an LPA for Someone Else
Can I create an LPA on behalf of my elderly parent?
No. Only the person the LPA is for (the donor) can create it, and they must have the mental capacity to understand what they are doing. However, you can help them through the process by filling in forms, gathering information, and coordinating the signing.
What can I do if my parent has already lost mental capacity and has no LPA?
If a person has lost the mental capacity to create an LPA, the only option is to apply to the Court of Protection for a deputyship order. This allows the court to appoint someone to make decisions on their behalf, though it is more expensive and time-consuming than an LPA.
Can someone with early-stage dementia still make a valid LPA?
Yes, in many cases. Mental capacity is assessed at the time of signing, not based on a diagnosis alone. A person with early-stage dementia may still have sufficient understanding to create a valid LPA, particularly if a medical professional confirms their capacity.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Relevant government resources
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